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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 4729
Experience:  Dual qualified Solicitor and Attorney
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In a divorce settlement can a Judge order me to pay my ex

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In a divorce settlement can a Judge order me to pay my ex husband NOW a sum of money that I don't have NOW because my business (AirBnB) having been interrupted by the Coronavirus / Covid 19 pandemic / Government guidelines. The Judge simply ignored all of those facts and that I am currently on universal credit until a date to be agreed in the future as a result of which payment of the money due to the husband needs to be delayed to the time in the future when my business is up and running again and I will be able to pay ?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I know the location thank you.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No Thank You
Customer: replied 7 days ago.
I wonder if I have been disconnected, things seem to have gone rather quiet - Apologies if I shouldn't be chasing you like this !!

Well the judge can make this order yes but he should not have done so taking into account the current circumstances. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and other Family Law Specialists are ready to help you
Customer: replied 7 days ago.
Thanks for this - much as I expected. I have to say the Judge was in a filthy mood yesterday saying she wasn't very well and she was clearly irritated by the matter in hand having been brought back to her for various reasons of delay caused by the Court itself and my ex husband's so called barrister - but there we are - I don't think it will be easy to try and go back just now. Meantime I have another questions if I may as follows.My divorce from my husband has taken over 3 1/2 years to go through the Court. This was a 33 year marriage in which the husband moved away to live with a male friend for 19 of those years. We had a joint bank account into which he paid his monthly salary as he was the money earner in the marriage and my role was always as wife and mother to our children (now grown up). That was how the marriage was conducted. From that account the household bills were paid via direct debit including the mortgage. The joint account was never used for any other outgoings by me. During the divorce the husband got the bank manager to freeze the 36 year old joint account without my agreement or signature on the grounds that, he alleged, I was overspending and causing the account to go in to bigger overdraft. I have been able to prove to the Court that allegation is false.So once the account was frozen I then had to find money I did not have to pay the household bills and running costs.For reasons that I don't understand my solicitor failed to take the matter to the Court and apply for an interim maintenance order at least to save me from becoming destitute That was in January 2018. Accordingly the Court has never been asked to make a decision in this matter. Having sacked my solicitor soon after, I have acted as litigant in person ever since. At a hearing yesterday I asked the Court to look at the aforementioned event and the sudden withdrawal of all financial support in and from January 2018 and award me a recovery of the money I lost and have had to find through time to keep myself and the house on an even keel. I was told bluntly and very rudely by the Judge that I am "Out of time" and not entitled to discuss the matter at all.My question is - is there any way, in the circumstances I have described, that I can try to make a recovery of those funds from the husband either in this Court or a different Court such as the commercial County Court ? This is my question. Thank You.
Customer: replied 7 days ago.
Do I need to pay another £5 for my follow up question please